Jealousy and Justification of Mitigating Circumstances: Commentary on Judgment No. 36364 of 2023

Judgment No. 36364 of July 7, 2023, deposited on August 31, 2023, has generated significant interest in the field of criminal law, particularly regarding the interpretation of mitigating circumstances. In this case, the Court addressed the issue of whether the state of jealousy can justify the granting of generic mitigating circumstances. The Court's decision is based on a thorough analysis of the nature of jealousy and its legal implications.

The Legal Meaning of Jealousy

The Court of Cassation established that jealousy, understood as a morbid feeling of possession and control, cannot justify the granting of generic mitigating circumstances. This is particularly significant in a legal context where emotions can seriously influence individuals' actions. The Court clarified that jealousy can even constitute an aggravating factor, as it may lead to behaviors motivated by trivial or base reasons, in violation of Article 61, paragraph 1, of the Penal Code.

State of jealousy - Generic mitigating circumstances - Exclusion. Regarding mitigating circumstances, jealousy cannot justify the granting of generic mitigating circumstances, as per Article 62-bis of the Penal Code, nor the mitigating circumstance of having reacted in a state of anger provoked by another's unjust act, as per Article 62, No. 2, of the Penal Code. (In the reasoning, the Court specified that jealousy, as a morbid feeling expressing supremacy and possession that manifests through the annihilation of the victim, can render the aggravating factor of having acted for trivial or base motives, as per Article 61, No. 1, of the Penal Code, applicable.)

Practical Implications of the Judgment

This judgment represents an important reference point for legal professionals. In fact, it clarifies that jealousy, when it leads to violent behavior, not only cannot be considered a mitigating factor, but may also lead to increased severity in punishment. The practical implications of this decision are manifold:

  • Stricter definition of mitigating circumstances.
  • Need for careful evaluation of the motivations underlying a crime.
  • Possibility of increased penalties in cases of behavior motivated by jealousy.

Conclusions

In conclusion, judgment No. 36364 of 2023 offers an important reflection on the role of emotions in criminal law. Jealousy, although it may be understandable on a human level, should never justify violent or illegal behavior. This decision of the Court of Cassation represents a step forward in defining a legal framework that clearly distinguishes between emotions and criminal responsibility, emphasizing the importance of a rational and legal approach in situations that can easily degenerate into violence.

Bianucci Law Firm